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TERRORISM AND POLITICAL VIOLENCE: LIMITS AND POSSIBILITIES OF LEGAL CONTROL

NCJ Number
141768
Editor(s)
H H Han
Date Published
1993
Length
468 pages
Annotation
Papers by experts in the field discuss an understanding of terrorism and political violence, legal control of terrorism and political violence, and toward deterrence and elimination of terrorism.
Abstract
Topics discussed in the section on "Understanding Terrorism and Political Violence" encompass problems of definition, ideologies and tactics, state-related terrorism and political violence, and a western perception of the "sinful" elements of terrorism. Topics addressed in the consideration of the "Legal Control of Terrorism and Political Violence" are the limits and possibilities of legal control, legal questions in exceptional situations, and alternatives in legal approach. Subjects considered in the discussion of the deterrence and elimination of terrorism are emerging past trends and new themes in terrorist and counterterrorist tactics as well as policies that must be followed if terrorism is to be eliminated. A central theme of the papers is that there is no lack of applicable legal provisions for addressing the sources of terrorism, but the effectiveness of these provisions is frustrated by various interpretations of the same provisions in international and national instruments, the lack of will in enforcing laws, and flaws in the enforcement system. Remedies discussed include the right of "self-defense" against "terroristic" force and the attendant issue of "neutrality," the concept of "discretion" for self-help, the use of force to protect life and property in the third country, and the issue of "proportionality." Some experts suggest that international rules of law concerning "extradition," "prosecution," and "asylum" should be carefully studied as they apply in terrorism cases. Chapter notes